S. 5 · 119th Congress · Immigration
Laken Riley Act
What it does
This act requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person. The act also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.
Under this act, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of the above crimes.
The act also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a
• decision to release a non-U.S. national from custody;
• failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;
• failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;
• violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or
• failure to detain an individual who has been ordered removed from the United States.
Summary by the Congressional Research Service, Jan 29, 2025 (Public Law). CRS summarizes bills impartially; it does not take positions.
Roll call votes
| Date | Question | Party split (yea) | Result |
|---|---|---|---|
| Jan 9, 2025 Senate roll 1 |
On the Cloture MotionA bill to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes. | D 32–8 · R 51–0 · I 1–1 |
Passed 84–9 |
| Jan 13, 2025 Senate roll 2 |
On the Motion to ProceedA bill to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes. | D 32–9 · R 49–0 · I 1–1 |
Passed 82–10 |
| Jan 15, 2025 Senate roll 3 |
On the AmendmentTo expand the list of criminal offenses that subject inadmissible aliens to mandatory detention. | D 21–23 · R 49–0 · I 0–2 |
Passed 70–25 |
| Jan 15, 2025 Senate roll 4 |
On the AmendmentTo strike the section that authorizes State attorneys general to sue Federal immigration authorities for alleged violations relating to the detention of aliens. | D 44–0 · R 0–49 · I 2–0 |
Failed 46–49 |
| Jan 17, 2025 Senate roll 5 |
On the Cloture MotionA bill to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes. | D 10–33 · R 51–0 · I 0–2 |
Passed 61–35 |
| Jan 20, 2025 Senate roll 6 |
On the AmendmentTo include crimes resulting in death or serious bodily injury to the list of offenses that, if committed by an inadmissible alien, require mandatory detention. | D 22–23 · R 52–0 · I 1–1 |
Passed 75–24 |
| Jan 20, 2025 Senate roll 7 |
On Passage of the BillA bill to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes. | D 12–33 · R 52–0 · I 0–2 |
Passed 64–35 |
| Jan 22, 2025 House roll 22 |
On PassageLaken Riley Act | D 46–156 · R 217–0 |
Passed 263–156 |
What members said about it
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The Keep Our Communities Safe Act addresses the six-month legal loophole created by the U.S. Supreme Court in its 2001 Zadvydas v.
“I am again supporting this commonsense legislation because closing this ‘catch and release’ loophole will ultimately keep dangerous illegals detained instead of being freed to put law-abiding Americans, law enforcement, and our communities at risk. It’s time to finally fix the current law that permits illegal aliens…”
Latest action
Jan 29, 2025 · Became Public Law No: 119-1.